The National Trails System: A Brief Overview

The National Trails System: A Brief Overview Sandra L. Johnson Information Research Specialist Laura B. Comay Analyst in Natural Resources Policy January 21, 2015 Congressional Research Service 7-5700 www.crs.gov R43868 The National Trails System: A Brief Overview Summary December 3, 2015 (R43868) Jump to Main Text of Report

Contents

• Background
• Designation and Land Acquisition
• Organization and Management
• Trail Uses
• Funding
• Legislation

Figures

• Figure 1. Map of National Scenic and National Historic Trails

Tables

• Table 1. National Scenic and National Historic Trails, by Date of Designation
• Table 2. National Trails System Bills Introduced in the 114^th Congress

Summary

The National Trails System was created in 1968 by the National Trails System Act (16 U.S.C. §§1241-1251). The system includes four types of trails: (1)  national scenic trails (NSTs), which display significant physical characteristics of U.S. regions; (2) national historic trails (NHTs), which follow travel routes of national historical significance; (3) national recreation trails (NRTs), which provide outdoor recreation accessible to urban areas; and (4) connecting or side trails, which provide access to the other types of trails. As defined in the act, NSTs and NHTs are longdistancelong-distance trails designated by acts of Congress. NRTs and connecting and side trails may be designated by the Secretaries of the Interior and Agriculture with the consent of the federal agency, state, or political subdivision with jurisdiction over the lands involved. Congress plays an ongoing role in shaping the National Trails System through legislation and oversight. Broad issues for Congress include, among others: • whether and where to establish new trails in the system, • whether to establish new categories of trails (such as “"national discovery trails”), and • "), and how much funding to provide to agencies for trail management. When designating individual trails, Congress may considerhas considered issues such as: • how to balance trail designation with other potential land uses, • how to address federal land acquisition, and • whether to make specific provisions for trail use that may differ from those in the overall act. Congress has established 11 NSTs and 19 NHTs, as well as several NRTs (although recreation trails are more typically designated administratively). In addition, the Secretaries of the Interior and Agriculture have designated more than 1,200 NRTs and 6 connecting or side trails. The scenic, historic, and connecting trails are federally administered by either the National Park Service (NPS) and/or the Bureau of Land Management (BLM) in the Department of the Interior, or the U.S. Forest Service (FS) in the Department of Agriculture, with cooperation from states and other entities to operate nonfederal trail segments. The roughly 1,200 national recreation trails are typically managed by states, localities, and private organizations, except where they cross federal lands. The act limits federal land acquisition for the trails system, with specific provisions for different trail types. Each federal agency with management authority over national trails has its own budget for trail administration and management. Trails have also received funding from federal transportation programs, private donations, permits and fees, and local excise taxes, among other sources. Uses of the national trails may include, but are not limited to, bicycling, cross-country skiing, day hiking, equestrian activities, jogging or similar fitness activities, overnight and long-distance backpacking, snowmobiling, and surface water and underwater activities. Provisions for motorized vehicle use vary among the different types of trails. Congressional Research Service The National Trails System: A Brief Overview Legislation in the 113th114^th Congress would have designateddesignate a new national recreation trail, directed studies of various trail routes (H.R. 1865 and S. 1423), direct a study of one trail route for potential addition to the system as a national historic trail (H.R. 984 and S. 479), and makenational scenic or historic trails, and made other changes. As in earlier Congresses, bills were also a bill (H.R. 2661) has also been introduced to add a new type of trail—national discovery trails—to the system. Congressional Research Service The National Trails System: A Brief Overview Contents Background ...................................................................................................................................... 1 Designation and Land Acquisition ................................................................................................... 5 Organization and Management ........................................................................................................ 6 Trail Uses ......................................................................................................................................... 7 Funding ............................................................................................................................................ 8 Legislation ....................................................................................................................................... 8 114th Congress ........................................................................................................................... 8 113th Congress ........................................................................................................................... 8 Figures Figure 1. Map of National Scenic and National Historic Trails ...................................................... 4 Tables Table 1. National Scenic and National Historic Trails, by Date of Designation .............................. 2 Table 2. National Trails System Bills Introduced in the 113th Congress.......................................... 9 Contacts Author Contact Information........................................................................................................... 10 Congressional Research Service The National Trails System: A Brief Overview T

The National Trails System: A Brief Overview

The National Trails System Act (16 U.S.C. §§1241-1251)11 of 1968 established the Appalachian and Pacific Crest National Scenic Trails, and authorized a national system of trails to provide outdoor recreational opportunities and to promote access to the nation’s 's outdoor areas and historic resources. Since the act’'s passage, the system has grown to encompass trails in every U.S. state, Washington, DC, and Puerto Rico. The system The system has expanded over time and now includes four types of trails: • National Scenic Trails (NSTs) display significant characteristics of the nation’s “physiographic regions,”2's "physiographic regions,"² representing desert, marsh, grassland, mountain, canyon, river, forest, or other areas. NSTs provide for outdoor recreation and for the conservation and enjoyment of significant scenic, historic, natural, or cultural qualities. • National Historic Trails (NHTs)3 3 identify and protect travel routes of national historic significance, along with associated remnants and artifacts, for public use and enjoyment. NHTs can include land or water segments,44 marked highways paralleling the route, and sites that together form a chain or network along the historic route. • National Recreation Trails (NRTs) are on federal, state, or private lands that are in, or reasonably accessible to, urban areas. They provide for a variety of outdoor recreation uses. • Connecting or Side Trails provide public access to the other types of nationally designated trails or connections between such trails. Congress plays an ongoing role in shaping the National Trails System through legislation and oversight. Congress establishes new trails within the system; directs the Administration to study potential new trails; determines the level of agency funding for trail management; and considers whether new trail categories (such as “"national discovery trails”") should be included in the system, among other roles. For individual trails, Congress has made specific provisions concerning land acquisition, trail use, and other matters. Ongoing issues for Congress include whether to designate additional trails, how to balance trail designation with other potential land uses, whether trail designation should be accompanied by federal land acquisition, what activities should be permitted on trails, and how to appropriately balance federal and nonfederal funding for trails, among other issues. Background Background During the early history of the United States, trails served as routes for commerce and migration. Since at least the early 20th20^th century, trails also have been constructed to provide access to scenic areas. The first interstate recreational trail, now known as the Appalachian National Scenic Trail, 1 P.L. 90-543, as amended. Descriptions of the trail types are from 16 U.S.C. §1242. 3 The National Parks and Recreation Act of 1978 (P.L. 95-625) amended the original act to establish national historic trails (NHTs) as a type of trail within the system, and it established the first four NHTs. 4 The 109th Congress established the Captain John Smith Chesapeake National Historic Trail (P.L. 109-418), the nation’s first all-water national historic trail. 2 Congressional Research Service 1 The National Trails System: A Brief Overview was developed in the 1920s and 1930s.55 In 1945, legislation to establish a “"national system of foot trails”" was introduced but not reported.66 In the years following the Second World War, the nation sought better opportunities to enjoy the outdoors.77 In 1965, in a message to Congress on “ "Natural Beauty,”" President Lyndon Johnson called for the nation “"to copy the great Appalachian Trail in all parts of our country, and make full use of rights-of-way and other public paths.”8 "⁸ Three years later, the National Trails System Act was enacted. The system began in 1968 with only two scenic trails: the Appalachian National Scenic Trail, which stretches roughly 2,180 miles from Mount Katahdin, ME, to Springer Mountain, GA;99 and the Pacific Crest National Scenic Trail, which covers roughly 2,650 miles along the mountains of Washington, Oregon, and California.1010 The system was expanded a decade later when Congress designated four historic trails, with more than 9,000 miles, and another scenic trail, along the Continental Divide, with 3,100 miles.11 Currently, the system covers almost 55,000 miles, with trails in every state, Washington, DC, and Puerto Rico.12 These include 11 NSTs, 19 NHTs, more than 1,200 NRTs, and 6 connecting or side trails. (See Table 1 and Figure 1.) In addition, the act 11 Currently, there are a combined 30 NHTs and NSTs covering almost 55,000 miles. (See Table 1 and Figure 1.) Additionally, the system contains more than 1,200 NRTs and 6 connecting or side trails, including trails in every state, Washington, DC, and Puerto Rico.¹² The National Trails System Act also authorizes the preservation of abandoned railroad rights-of-way for rails-to-trails conversions (16 U.S.C. §1247). 13 Table 1. National Scenic and National Historic Trails, by Date of Designation States Administering Agency Date of Designation Legislation NPS Oct. 2, 1968 P.L. 90-543  

States

Administering Agency

Date of Designation

Legislation

National Scenic Trails (NSTs)      

Appalachian NST

(NSTs) Appalachian NST CT, GA, MA, MD, ME, NC, NH, NJ, NY, PA, TN, VA, VT, WV Pacific Crest NST CA, OR, WA FS Oct. 2, 1968 P.L. 90-543 Continental Divide NST CO, ID, MT, NM, WY FS Nov. 10, 1978 P.L. 95-625 North Country NST MI, MN, ND, NY, OH, PA, WI NPS Mar. 5, 1980 P.L. 96-199 5 An October 1921 journal article proposed the idea of a series of camps along the Appalachian Mountains from New Hampshire to North Carolina, with a trail connecting them. The trail was in place as a continuous footpath by the late 1930s. See Appalachian Trail Conservancy, “About the Trail: History,” at http://www.appalachiantrail.org/about-thetrail/history. 6 The bill, H.R. 2142, 79th Congress, would have amended the Federal-Aid Highway Act of 1944 to provide for a system of foot trails to complement the nation’s highway system. For discussion, see Donald D. Jackson, “The Long Way ‘Round,” Wilderness, vol. 51, no. 181 (summer 1998), pp. 19-20; and Sarah Mittlefehlt, “The Tangled Roots of the Appalachian Trail: A Social and Environmental History” (Ph.D. diss, University of Wisconsin, 2008), pp. 150-151, at http://books.google.com/books?id=fwG3HABAonEC&printsec=frontcover#v=onepage&q&f=false. 7 For example, in 1958, Congress established the Outdoor Recreation Resources Review Commission to make a nationwide study of outdoor national recreation needs. Outdoor Recreation Resources Review Commission, Outdoor Recreation for America (Washington, DC: January 1962). This report indicated that 90% of all Americans participated in some form of outdoor recreation and that walking for pleasure ranked second among all recreation activities. 8 Congressional Record, vol. 111 (February 8, 1965), p. 2087. 9 See Appalachian Trail Conservancy, “About the Trail,” at http://www.appalachiantrail.org/about-the-trail. 10 See Pacific Crest Trail Association, “PCT FAQ,” at http://www.pcta.org/discover-the-trail/faq/. 11 P.L. 95-625, National Parks and Recreation Act of 1978. 12 Federal Interagency Council on Trails, National Trails System: Annual Report for FY2013, February 2014 (most recent annual report available), p. 3, at http://www.nps.gov/nts/2013%2006MOU%20RPT%207%20Version.pdf. Congressional Research Service 2 The National Trails System: A Brief Overview States Administering Agency Date of Designation Legislation Ice Age NST WI NPS Oct. 3, 1980 P.L. 96-370 Potomac Heritage NST DC, MD, PA, VA NPS Mar. 28, 1983 P.L. 98-11 Natchez Trace NST AL, MS, TN NPS Mar. 28, 1983 P.L. 98-11 Florida NST FL FS Mar. 28, 1983 P.L. 98-11 Arizona NST AZ FS Mar. 30, 2009 P.L. 111-11 New England NST CT, MA NPS Mar. 30, 2009 P.L. 111-11 Pacific Northwest NST ID, MT, WA FS Mar. 30, 2009 P.L. 111-11 VT, WV

NPS

Oct. 2, 1968

P.L. 90-543

Pacific Crest NST

CA, OR, WA

FS

Oct. 2, 1968

P.L. 90-543

Continental Divide NST

CO, ID, MT, NM, WY

FS

Nov. 10, 1978

P.L. 95-625

North Country NST

MI, MN, ND, NY, OH, PA, WI

NPS

Mar. 5, 1980

P.L. 96-199

Ice Age NST

WI

NPS

Oct. 3, 1980

P.L. 96-370

Potomac Heritage NST

DC, MD, PA, VA

NPS

Mar. 28, 1983

P.L. 98-11

Natchez Trace NST

AL, MS, TN

NPS

Mar. 28, 1983

P.L. 98-11

Florida NST

FL

FS

Mar. 28, 1983

P.L. 98-11

Arizona NST

AZ

FS

Mar. 30, 2009

P.L. 111-11

New England NST

CT, MA

NPS

Mar. 30, 2009

P.L. 111-11

Pacific Northwest NST

ID, MT, WA

FS

Mar. 30, 2009

P.L. 111-11

National Historic Trails (NHTs)      

Oregon NHT

ID, KS, MO, NE, OR, WY

NPS

Nov. 10, 1978

P.L. 95-625

Mormon Pioneer NHT

IA, IL, NE, UT, WY

NPS

Nov. 10, 1978

P.L. 95-625

Lewis and Clark NHT

IA, ID, IL, KS, MO, MT, ND, NE, OR, SD, WA

NPS

Nov. 10, 1978

P.L. 95-625

Iditarod NHT

AK

BLM

Nov. 10, 1978

P.L. 95-625

Overmountain Victory NHT

NC, SC, TN, VA

NPS

Sept. 8, 1980

P.L. 96-344

Nez Perce NHT

ID, MT, OR, WA

FS

Oct. 6, 1986

P.L. 99-445

Santa Fe NHT

CO, KS, MO, NM, OK

NPS

May 8, 1987

P.L. 100-35

Trail of Tears NHT

AL, AR, GA, IL, KY, MO, NC, OK, TN

NPS

Dec. 16, 1987

P.L. 100-192

Juan Bautista de Anza NHT

AZ, CA

NPS

Aug. 15, 1990

P.L. 101-365

California NHT

CA, CO, ID, KS, MO, NE, NV, OR, UT, WY

NPS

Aug. 3, 1992

P.L. 102-328

Pony Express NHT

CA, CO, KS, MO, NE, NV, UT, WY

NPS

Aug. 3, 1992

P.L. 102-328

Selma to Montgomery NHT

AL

NPS

Nov. 12, 1996

P.L. 104-333

El Camino Real de Tierra Adentro NHT

NM, TX

NPS & BLM

Oct. 13, 2000

P.L. 106-307

Ala Kahakai NHT

HI

NPS

Nov. 13, 2000

P.L. 106-509

Old Spanish NHT

AZ, CA, CO, NM, NV, UT

NPS & BLM

Dec. 4, 2002

P.L. 107-325

El Camino Real de los Tejas NHT

LA, TX

NPS

Oct. 18, 2004

P.L. 108-342

Captain John Smith Chesapeake NHT

DC, DE, MD, PA, NY, VA

NPS

Dec. 19, 2006

P.L. 109-418

Star-Spangled Banner NHT

DC, MD, VA

NPS

May 8, 2008

P.L. 110-229

Washington-Rochambeau Revolutionary Route NHT

CT, DC, DE, MA, MD, NJ, NY, PA, RI, VA

NPS

Mar. 30, 2009

P.L. 111-11

Sources: (NHTs) Oregon NHT ID, KS, MO, NE, OR, WY NPS Nov. 10, 1978 P.L. 95-625 Mormon Pioneer NHT IA, IL, NE, UT, WY NPS Nov. 10, 1978 P.L. 95-625 Lewis and Clark NHT IA, ID, IL, KS, MO, MT, ND, NE, OR, SD, WA NPS Nov. 10, 1978 P.L. 95-625 Iditarod NHT AK BLM Nov. 10, 1978 P.L. 95-625 Overmountain Victory NHT NC, SC, TN, VA NPS Sept. 8, 1980 P.L. 96-344 Nez Perce NHT ID, MT, OR, WA FS Oct. 6, 1986 P.L. 99-445 Santa Fe NHT CO, KS, MO, NM, OK NPS May 8, 1987 P.L. 100-35 Trail of Tears NHT AL, AR, GA, IL, KY, MO, NC, OK, TN NPS Dec. 16, 1987 P.L. 100-192 Juan Bautista de Anza NHT AZ, CA NPS Aug. 15, 1990 P.L. 101-365 California NHT CA, CO, ID, KS, MO, NE, NV, OR, UT, WY NPS Aug. 3, 1992 P.L. 102-328 Pony Express NHT CA, CO, KS, MO, NE, NV, UT, WY NPS Aug. 3, 1992 P.L. 102-328 Selma to Montgomery NHT AL NPS Nov. 12, 1996 P.L. 104-333 El Camino Real de Tierra Adentro NHT NM, TX NPS & BLM Oct. 13, 2000 P.L. 106-307 Ala Kahakai NHT HI NPS Nov. 13, 2000 P.L. 106-509 Old Spanish NHT AZ, CA, CO, NM, NV, UT NPS & BLM Dec. 4, 2002 P.L. 107-325 El Camino Real de los Tejas NHT LA, TX NPS Oct. 18, 2004 P.L. 108-342 Captain John Smith Chesapeake NHT DC, DE, MD, PA, NY, VA NPS Dec. 19, 2006 P.L. 109-418 Star-Spangled Banner NHT DC, MD, VA NPS May 8, 2008 P.L. 110-229 Washington-Rochambeau Revolutionary Route NHT CT, DC, DE, MA, MD, NJ, NY, PA, RI, VA NPS Mar. 30, 2009 P.L. 111-11 Sources: 16 U.S.C. §§1241-1251; National Park Service, The National Parks: Index, 2009-2011; National Park Service, “"National Trails System: Frequently Asked Questions,”" at http://www.nps.gov/nts/nts_faq.html. . Note: NPS = National Park Service; FS = U.S. Forest Service; BLM = Bureau of Land Management. Congressional Research Service 3 Figure 1. Map of National Scenic and National Historic Trails Source: National Park Service, “"National Trails System Map,”" at http://www.nps.gov/nts/maps.html. Figure adapted by CRS. CRS-4 The National Trails System: A Brief Overview Trail colors are for purposes of distinguishing the trails and do not indicate categories. Designation and Land Acquisition NSTs and NHTs are designated by acts of Congress.1314 Prior to establishing a trail, Congress typically directs the Secretary of the Interior or the Secretary of Agriculture to study the route for potential inclusion in the system.1415 The studies address both the suitability (i.e., characteristics that make the proposed trail “"worthy of designation as a national scenic or national historic trail”)15 trail")¹⁶ and the feasibility (i.e., physical and financial viability) of adding the trail to the system. The act contains additional criteria for NHTs, which must  (1) be established by historic use and be significant because of that use; (2) be significant with respect to a broad facet of American history, such as trade and commerce, exploration, migration and settlement, or military campaigns; and (3) have significant potential for public recreational use or historical interest.16 17 In contrast to national scenic and historic trails, national recreation trails may be designated by the Secretaries of the Interior and Agriculture with the consent of the federal agency, state, or political subdivision with jurisdiction over the lands involved.1718 Recreation trails must be reasonably accessible to urban areas and must meet other criteria as prescribed by the act or by the Secretaries.1819 The Secretaries also have authority to designate connecting and side trails.19 20 For all four trail types, routes may intersect both federal and nonfederal lands. The law provides limited authorities for federal land acquisition in connection with the trails. Along the designated rights-of-way for NSTs and NHTs, the Secretaries may acquire land in areas that are already under their administrative jurisdiction (e.g., on trail segments that lie within the exterior boundaries of an existing national park or national forest but are not federally owned). Outside their administrative boundaries, the Secretaries are to encourage state and local governments either to acquire trail lands or to enter into agreements with private landowners for the necessary rights-of-way. Only if state and local governments fail to do so may the federal government acquire the land or form cooperative agreements with landowners.2021 For NRTs, the provisions are more limited, in that federal land acquisition may take place only within existing administrative boundaries.2122 Connecting and side trails may only include nonfederal lands if no federal acquisition is involved.22 23 When adding individual trails to the system, Congress has often included specific land acquisition provisions—for example, authorizing federal acquisition only from willing sellers or establishing 13 16 U.S.C. §1244(a). 16 U.S.C. §1244(b). The law does not explicitly require that a trail be studied before it is added to the system, but in practice, Congress has directed a prior study for almost all of the national scenic and historic trails. The Secretaries may not undertake trail studies without congressional authorization. 15 16 U.S.C. §1244(b)(3). 16 16 U.S.C. §1244(b)(11). 17 Although most of these trails are designated administratively, Congress has also occasionally established national recreation trails. For example, P.L. 110-229 established the Jim Weaver Loop Trail in Oregon’s Willamette National Forest as a national recreation trail. 18 16 U.S.C. §1243. 19 16 U.S.C. §1245. 20 16 U.S.C. §1246(d) and (e). When federal acquisition is necessary, it may take place through donations, by purchase with donated or appropriated funds, by exchange, and, within limits, by condemnation (16 U.S.C. §1246(f) and (g)). 21 16 U.S.C. §1246(d). 22 16 U.S.C. §1245. 14 Congressional Research Service 5 The National Trails System: A Brief Overview provisions—for example, authorizing federal acquisition only from willing sellers or establishing a geographical boundary for land acquisition, such as within a quarter-mile on either side of the trail.23 24 P.L. 111-11 gave federal land management agencies the authority to purchase land from willing sellers for a number of trails that had previously prohibited any federal land acquisition. Organization and Management The 30 national scenic and historic trails are administered by either the Secretary of the Interior or the Secretary of Agriculture, acting through the land management agencies. The NPS administers 21 of the 30 trails; the FS administers 6 trails; the Bureau of Land Management (BLM) administers 1 trail; and the NPS and BLM jointly administer 2 trails.2425 The administering agency typically develops the trail management plan,2526 oversees development of trail segments, coordinates trail marking and mapping, develops maintenance standards, coordinates trail interpretation, administers cooperative and interagency agreements, and provides financial assistance to others for trail purposes, among other functions.26 27 The agencies point to a distinction between trail administrationadministration and trail managementmanagement: while there is usually only one administering agency, multiple federal agencies, state and local governments, private groups, and individuals may own and manage lands along a national scenic or historic trail.2728 The National Trails System Act authorizes the administering Secretary to enter into cooperative agreements with state, local, and private landowners or organizations for trail development, operation, and maintenance.2829 In addition, several federal agencies involved with the trails signed a memorandum of understanding (MOU) in 2006 to coordinate federal trail management.29 23 For examples of these types of provisions for individual trails, see 16 U.S.C. 1244(a). See http://www.nps.gov/nts/nts_faq.html. 25 16 U.S.C. §1244(e) and (f) requires the Secretaries to develop management plans for all national scenic and historic trails, in consultation with affected federal agencies, states, and other stakeholders. 26 The memorandum of understanding (MOU) cited in footnote 29, among other sources, describes agency functions generally. Agency-specific guidance includes the following: for the National Park Service, Director’s Order 45, National Trails System, http://www.nps.gov/policy/DOrders/DO-45(HL).pdf; for the Bureau of Land Management, BLM Manual 6250, National Scenic and Historic Trail Administration, BLM Manual 6280, Management of National Scenic and Historic Trails and Trails Under Study or Recommended as Suitable for Congressional Designation, and BLM Manual 8353, Trail Management Areas, Secretarially Designated National Recreation, Water, and Connecting and Side Trails, all available at http://www.blm.gov/wo/st/en/info/regulations/Instruction_Memos_and_Bulletins/ blm_manual.html; and for the Forest Service, FS Manual 2300, Recreation, Wilderness, and Related Resource Management, Chapter 2350, “Trail, River, and Similar Recreation Opportunities,” at http://www.fs.fed.us/cgi-bin/ Directives/get_dirs/fsm?2300. 27 See, e.g., National Park Service, “National Trails System: Frequently Asked Questions,” at http://www.nps.gov/nts/ nts_faq.html. 28 16 U.S.C. §1246(h)(1). 29 Memorandum of Understanding 06-SU-11132424-196, “The National Trails System,” at http://www.nps.gov/nts/ memorandum2006.html. The agencies included NPS, FS, and BLM, as well as the Fish and Wildlife Service and the U.S. Army Corps of Engineers, both of which manage segments of some trails, although they do not serve as primary trail administrators. Additionally, the Federal Highway Administration, which provides transportation funding for trails, also participated in the MOU. The MOU encourages cooperation among both federal and nonfederal land managers in activities such as resource inventory and mapping, development of new trail segments and sites, mitigation of resource damage, interpretation, and maintenance. 24 Congressional Research Service 6 The National Trails System: A Brief Overview the trails signed a memorandum of understanding (MOU) in 2006 to coordinate federal trail management.³⁰ In contrast to the NSTs and NHTs, NRTs are typically administered by states, localities, and private organizations, with federal agencies participating when the trails cross federal lands. The National Park Service is responsible for the overall coordination of the national recreation trails, including nonfederal trails.3031 Nonfederal trail managers have access to federal training and technical assistance, and are eligible for some types of federal funding.31 32 Connecting or side trails are administered by the Secretary under whose jurisdiction the trail lands fall.3233 The six existing trails are all administered by the Secretary of the Interior.33 34 The FY2013 annual report of the Federal Interagency Council on Trails34 referred toTrails³⁵ discussed a number of management issues facing the agencies that administer the National Trails System. TheThese issues included tight federal agency budgets, financial constraints among partner groups, inconsistent mapping, aging volunteers, and expansion of energy projects and the transmission grid in ways that affect the trails. Another challenge cited was the lack of awareness among many Americans of the system and its health, community, economic, and educational benefits.35 Trail Uses 36 Trail Uses The administering Secretary may regulate the use of federally owned portions of the national trails, in consultation with relevant agencies.3637 The Secretary may permit uses “"which will not substantially interfere with the nature and purposes of the trail.”37"³⁸ Such uses may include but are not limited to bicycling, cross-country skiing, day hiking, equestrian activities, jogging or similar fitness activities, overnight and long-distance backpacking, snowmobiling, and surface water and underwater activities.3839 The use of motorized vehicles by the general public is typically prohibited on national scenic trails.3940 However, motorized vehicles may be allowed on national historic trails 30 However, the Forest Service administers national recreation trails within the national forests. For example, designated national recreation trails may receive funding through the Federal Highway Administration’s Recreational Trails Program, administered by the states (see http://www.fhwa.dot.gov/environment/ recreational_trails/index.cfm), and are eligible to be considered for support through the Challenge Cost-Share Programs of the NPS, BLM, and FS (see, e.g., http://www.nps.gov/ncrc/programs/ccsp/index.htm). 32 16 U.S.C. §1245. 33 Two connecting or side trails were designated by the Secretary of the Interior in 1990: the 18-mile Timm’s Hill Trail in Wisconsin, which connects to the Ice Age National Scenic Trail; and the 186-mile Anvik Connector in Alaska, which connects to the Iditarod National Historic Trail. Another four were designated by the Secretary of the Interior in 2012, all water trails that connect to the water-based Captain John Smith National Historic Trail. For more information, see U.S. Department of the Interior, “Four Rivers in Five States to Make Up Connecting Water Trails,” press release, May 16, 2012, at http://www.doi.gov/news/pressreleases/AMERICAS-GREAT-OUTDOORS-Secretary-SalazarDesignates-Captain-John-Smith-Chesapeake-National-Historic-Trail.cfm. 34 The Federal Interagency Council on Trails is an interagency group that coordinates federal activities under the National Trails System Act. 35 Federal Interagency Council on Trails, National Trails System: Annual Report for FY2013, February 2014, p. 3, at http://www.nps.gov/nts/2013%2006MOU%20RPT%207%20Version.pdf. 36 16 U.S.C. §1246 (i). 37 16 U.S.C. §1246 (c). 38 16 U.S.C. §1246 (j). 39 Ibid. However, this provision directs the Secretary to allow motorized vehicle use in certain circumstances, such as for emergencies and when necessary to give adjacent landowners reasonable access to their lands or timber rights. Additionally, specific provisions for the Continental Divide National Scenic Trail (16 U.S.C. §1244(a)(5)) allow motorized use in accordance with regulations established by the administering Secretary. 31 Congressional Research Service 7 The National Trails System: A Brief Overview if they do not substantially interfere with the nature and purposes of the trail and were allowed by administrative regulations at the time of designation.40 Trail uses on nonfederal lands—whether segments of scenic, historic, recreation, or connecting trails—are typically controlled at the state and local levels. State, local, and private-sector trail managers may work together to develop cooperative principles for use and management.41 Funding Each agency with management authority over national trails has its own funding for carrying out activities related to trail administration and management.42 Since 2006, federal land management agencies have agreed, within the limits of agency authorities, to eliminate duplicate efforts and increase effectiveness by coordinating requests for and obligation of funds for the National Trails System.43 Since 1992, the Department of Transportation, through federal transportation programs, has provided more than $9 billion for bicycle and pedestrian transportation projects, including many transportation trails.44 Additional sources of funding for trails have included challenge costshare projects, cooperative agreements with trail partner organizations, charitable foundations, corporations, permits and fees, local excise taxes, and dedicated funds. Legislation 114th Congress In the 114th Congress, S. 132, the Oregon and California Land Grant Act of 2015, would establish a protection and management corridor on BLM lands in Oregon extending approximately onequarter of a mile on either side of the Pacific Crest Trail. This change had also been proposed in S. 1784 in the 113th Congress (see below). 113th Congress In the 113th Congress, H.R. 4685 would have designated a new Condor National Recreation Trail in California. A number of bills were also introduced to study trails for potential addition to the 40 16 U.S.C. §1246 (c). See, e.g., NPS, Appalachian Trail Project Office, Comprehensive Plan for the Protection, Management, Development and Use of the Appalachian National Scenic Trail, 1987, at http://www.nps.gov/appa/parkmgmt/upload/ CompPlan_web.pdf. 42 A total amount of federal appropriations for the National Trails System is not available, since many of the agencies do not separately track trail funding. 43 Memorandum of Understanding 06-SU-11132424-196, “The National Trails System,” at http://www.nps.gov/nts/ memorandum2006.html. 44 See Federal Highway Administration (FHWA), “Federal-Aid Highway Program for Pedestrian and Bicycle Facilities and Programs, FY1992 to FY2013,” at http://www.fhwa.dot.gov/environment/bicycle_pedestrian/funding/ bipedfund.cfm. The agency does not break out the portion of this funding that has gone to trails within the National Trails System. For example, funding in FHWA’s Recreational Trails Program (a subset of the agency’s overall funding for pedestrian and bicycle transportation) is used for recreational trails both within and outside the system. 41 Congressional Research Service 8 The National Trails System: A Brief Overview system as national scenic or historic trails. Other proposals (H.R. 3022 and S. 2346) would have added a new type of trail—“national discovery trails”—to the system.45 National discovery trails would be extended, continuous interstate trails that provide for outdoor recreation and travel and that connect representative examples of America’s trails and communities.46 These and other 113th bills affecting the National Trails System are shown in Table 2. Table 2. National Trails System Bills Introduced in the 113th Congress Bill to Designate New National Trail Bill No. Status Condor National Recreation Trail (CA) H.R. 4685 Introduced Chief Standing Bear National Historic Trail (KS, OK, NE) H.R. 5086 S. 2745 Ordered Reported Introduced United States Civil Rights Trail (unidentified states) H.R. 2416 H.R. 5068 Introduced Introduced Pike National Historic Trail (MO, KS, NE, CO, NM, TX, LA) S. 524 Hearing Held Western States National Historic Trail (CA) S. 60 Introduced H.R. 520 H.R. 3131 S. 225 Passed House Introduced Reported North Country National Scenic Trailb H.R. 4736 S. 2595 Introduced Introduced Lewis and Clark National Historic Trailc S. 2590 Introduced S. 503 Introduced S. 1784 S. 2734 Ordered Reported Introduced H.R. 3022 S. 2346 Introduced Hearing Held S. 2293 Hearing Held H.R. 474 S. 1160 Introduced Introduced Bills to Study Trails for Potential Addition to the System Buffalo Soldiers National Historic Trail (CA)a Bills Affecting Existing National Trails Old Spanish National Historic Traild Pacific Crest Traile Other National Trails System Bills National Discovery Trailsf National Scenic Trails Parityg Complete America’s Great Trailsh Source: Table compiled by the Congressional Research Service. a. The trail study would have covered specific routes involving national park units in California, but could also have considered routes to “any other National Parks where [Buffalo Soldiers] may have served.” b. H.R. 4736 and S. 2595 would have extended the North Country NST into Vermont. c. S. 2590, among other purposes, would have directed the Secretary of Agriculture to undertake a pilot project to operate the Lewis and Clark NHT Interpretive Center through a public-private partnership. 45 Similar bills to create national discovery trails within the system were introduced in previous Congresses. H.R. 3022 and S. 2346 would also have established the American Discovery Trail, extending from Delaware to California, as the first national discovery trail. 46 Congressional Research Service 9 The National Trails System: A Brief Overview d. S. 503 would have established the Sangre de Cristo National Historical Park as a unit of the National Park System. Portions of the Old Spanish NHT would have been included in the park. The bill directed that these portions of the trail would continue to be managed by their current managing agencies, despite the inclusion of the segments within the national historical park. e. S. 1784, among other purposes, would have established a protection and management corridor on BLM lands in Oregon extending approximately one-quarter of a mile on either side of the Pacific Crest Trail. f. H.R. 3022 and S. 2346 would have established a new trail type, national discovery trails. These extended, continuous interstate trails would be located so as to provide for outdoor recreation and travel, and would connect representative examples of America’s trails and communities. g. S. 2293 would have required that the North Country, Ice Age, and New England NSTs be administered as units of the National Park System. h. H.R. 474 and S. 1160 would have amended the Internal Revenue Code to allow a tax credit for the fair market value of any NST conservation contribution. The bills also would have required the Secretary of the Interior to study the efficacy of such a tax credit in completing, extending, and increasing the number of NSTs. Author Contact Information Sandra L. Johnson Information Research Specialist sjohnson@crs.loc.gov, 7-7214 Congressional Research Service Laura B. Comay Analyst in Natural Resources Policy lcomay@crs.loc.gov, 7-6036 10 if they do not substantially interfere with the nature and purposes of the trail and were allowed by administrative regulations at the time of designation.⁴¹

Trail uses on nonfederal lands—whether segments of scenic, historic, recreation, or connecting trails—are typically controlled at the state and local levels. State, local, and private-sector trail managers may work together to develop cooperative principles for use and management.⁴²

Funding

Each agency with management authority over national trails has its own funding for carrying out activities related to trail administration and management.⁴³ Since 2006, federal land management agencies have agreed, within the limits of agency authorities, to eliminate duplicate efforts and increase effectiveness by coordinating requests for and obligation of funds for the National Trails System.⁴⁴ Since 1992, the Department of Transportation, through federal transportation programs authorized by Congress,⁴⁵ has provided more than $11 billion for bicycle and pedestrian transportation projects, including many transportation trails.⁴⁶ Additional sources of funding for trails have included challenge cost-share projects, cooperative agreements with trail partner organizations, charitable foundations, corporations, permits and fees, local excise taxes, and dedicated funds.

Legislation In the 114^th Congress, H.R. 1865 and S. 1423 would designate a new Condor National Recreation Trail in California. H.R. 984 and S. 479 would direct a study of a proposed Chief Standing Bear National Historic Trail running through the states of Oklahoma, Kansas, and Nebraska. Another proposal (H.R. 2661) would add a new type of trail—"national discovery trails"—to the system.⁴⁷ National discovery trails would be extended, continuous interstate trails that provide for outdoor recreation and travel and that connect representative examples of America's trails and communities.⁴⁸ These and other 114^th Congress bills affecting the National Trails System are shown in Table 2. Many comparable bills had also been introduced in previous Congresses. Table 2. National Trails System Bills Introduced in the 114^th Congress

Title or Trail

Type

Bill No.

Status

Chief Standing Bear National Historic Trail (KS, OK, NE)

Study

H.R. 984 S. 479 Passed HouseIntroduced Complete America's Great Trails^a

Other

H.R. 781S. 1069 IntroducedIntroduced

Condor National Recreation Trail (CA)

Designate

H.R. 1865S. 1423 IntroducedIntroduced National Discovery Trails^b

Other

H.R. 2661

Introduced

National Scenic Trails Parity^c

Other

H.R. 3511S. 1074 IntroducedIntroduced North Country National Scenic Trail^d

Extend

H.R. 799 S. 403 IntroducedReported Pacific Crest National Scenic Trail^e

Other

S. 132

Hearing Held

Source: Table compiled by the Congressional Research Service.

a. H.R. 781 and S. 1069 would amend the Internal Revenue Code to allow a tax credit for the fair market value of any NST conservation contribution. The bills also would require the Secretary of the Interior to study the efficacy of such a tax credit in completing, extending, and increasing the number of NSTs.

b. H.R. 2661 would establish a new trail type, national discovery trails. These extended, continuous interstate trails would be located so as to provide for outdoor recreation and travel, and would connect representative examples of America's trails and communities.

c. H.R. 3511 and S. 1074 would require that the North Country, Ice Age, and New England NSTs be administered as units of the National Park System.

d. H.R. 799 and S. 403 would extend the North Country NST into Vermont.

e. S. 132 , among other purposes, would establish a protection and management corridor on BLM lands in Oregon extending approximately one-quarter of a mile on either side of the Pacific Crest NST.

Author Contact Information

[author name scrubbed], Information Research Specialist ([email address scrubbed], [phone number scrubbed])

[author name scrubbed], Analyst in Natural Resources Policy ([email address scrubbed], [phone number scrubbed])

Footnotes

1.	P.L. 90-543, as amended.
2.	Descriptions of the trail types are from 16 U.S.C. §1242.
3.	The National Parks and Recreation Act of 1978 (P.L. 95-625) amended the original act to establish national historic trails (NHTs) as a type of trail within the system, and it established the first four NHTs.
4.	The 109th Congress established the Captain John Smith Chesapeake National Historic Trail (P.L. 109-418), the nation's first all-water national historic trail. The Department of the Interior (DOI) has also established a National Water Trails System as a class of national recreation trails; for more information, see National Park Service, Budget Justifications and Performance Information, Fiscal Year 2016, p. ONPS-ResStew-15, at http://www.nps.gov/aboutus/upload/FY-2016-Greenbook.pdf.
5.	An October 1921 journal article proposed the idea of a series of camps along the Appalachian Mountains from New Hampshire to North Carolina, with a trail connecting them. The trail was in place as a continuous footpath by the late 1930s. See Appalachian Trail Conservancy, "About the Trail: History," at http://www.appalachiantrail.org/about-the-trail/history.
6.	The bill, H.R. 2142, 79th Congress, would have amended the Federal-Aid Highway Act of 1944 to provide for a system of foot trails to complement the nation's highway system. For discussion, see Donald D. Jackson, "The Long Way 'Round," Wilderness, vol. 51, no. 181 (summer 1998), pp. 19-20; and Sarah Mittlefehlt, "The Tangled Roots of the Appalachian Trail: A Social and Environmental History" (Ph.D. diss, University of Wisconsin, 2008), pp. 150-151, at http://books.google.com/books?id=fwG3HABAonEC&printsec=frontcover#v=onepage&q&f=false.
7.	For example, in 1958, Congress established the Outdoor Recreation Resources Review Commission to make a nationwide study of outdoor national recreation needs. Outdoor Recreation Resources Review Commission, Outdoor Recreation for America (Washington, DC: January 1962). This report indicated that 90% of all Americans participated in some form of outdoor recreation and that walking for pleasure ranked second among all recreation activities.
8.	Congressional Record, vol. 111 (February 8, 1965), p. 2087.
9.	See Appalachian Trail Conservancy, "About the Trail," at http://www.appalachiantrail.org/about-the-trail.
10.	See Pacific Crest Trail Association, "PCT FAQ," at http://www.pcta.org/discover-the-trail/faq/.
11.	P.L. 95-625, National Parks and Recreation Act of 1978.
12.	Federal Interagency Council on Trails, National Trails System: Annual Report for FY2013, February 2014 (most recent annual report available), p. 3, at http://www.nps.gov/nts/2013%2006MOU%20RPT%207%20Version.pdf.
13.	The provisions concerning railroad rights-of-way were added to the act in 1983 by P.L. 98-11.
14.	16 U.S.C. §1244(a).
15.	16 U.S.C. §1244(b). The law does not explicitly require that a trail be studied before it is added to the system, but in practice, Congress has directed a prior study for almost all of the national scenic and historic trails. The Secretaries may not undertake trail studies without congressional authorization.
16.	16 U.S.C. §1244(b)(3).
17.	16 U.S.C. §1244(b)(11).
18.	Although most of these trails are designated administratively, Congress has also occasionally established national recreation trails. For example, P.L. 110-229 established the Jim Weaver Loop Trail in Oregon's Willamette National Forest as a national recreation trail.
19.	16 U.S.C. §1243.
20.	16 U.S.C. §1245.
21.	16 U.S.C. §1246(d) and (e). The law authorizes that, when federal acquisition is necessary, it may take place through donations, by purchase with donated or appropriated funds, by exchange, and, within limits, by condemnation (16 U.S.C. §1246(f) and (g)).
22.	16 U.S.C. §1246(d).
23.	16 U.S.C. §1245.
24.	For examples of these types of provisions for individual trails, see 16 U.S.C. 1244(a).
25.	See http://www.nps.gov/nts/nts_faq.html.
26.	16 U.S.C. §1244(e) and (f) require the Secretaries to develop management plans for all national scenic and historic trails, in consultation with affected federal agencies, states, and other stakeholders.
27.	The memorandum of understanding (MOU) cited in footnote 30, among other sources, describes agency functions generally. Agency-specific guidance includes the following: for the National Park Service, Director's Order 45, National Trails System, http://www.nps.gov/policy/DOrders/DO-45(HL).pdf; for the Bureau of Land Management, BLM Manual 6250, National Scenic and Historic Trail Administration, BLM Manual 6280, Management of National Scenic and Historic Trails and Trails Under Study or Recommended as Suitable for Congressional Designation, and BLM Manual 8353, Trail Management Areas, Secretarially Designated National Recreation, Water, and Connecting and Side Trails, all available at http://www.blm.gov/wo/st/en/info/regulations/Instruction_Memos_and_Bulletins/blm_manual.html; and for the Forest Service, FS Manual 2300, Recreation, Wilderness, and Related Resource Management, Chapter 2350, "Trail, River, and Similar Recreation Opportunities," at http://www.fs.fed.us/cgi-bin/Directives/get_dirs/fsm?2300.
28.	See, e.g., National Park Service, "National Trails System: Frequently Asked Questions," at http://www.nps.gov/nts/nts_faq.html.
29.	16 U.S.C. §1246(h)(1).
30.	Memorandum of Understanding 06-SU-11132424-196, "The National Trails System," at http://www.nps.gov/nts/memorandum2006.html. The agencies included NPS, FS, and BLM, as well as the Fish and Wildlife Service and the U.S. Army Corps of Engineers, both of which manage segments of some trails, although they do not serve as primary trail administrators. Additionally, the Federal Highway Administration, which provides transportation funding for trails, participated in the MOU. The MOU encourages cooperation among both federal and nonfederal land managers in activities such as resource inventory and mapping, development of new trail segments and sites, mitigation of resource damage, interpretation, and maintenance.
31.	However, the Forest Service administers national recreation trails within the national forests.
32.	For example, designated national recreation trails may receive funding through the Federal Highway Administration's Recreational Trails Program, administered by the states (see http://www.fhwa.dot.gov/environment/recreational_trails/index.cfm), and are eligible to be considered for support through the Challenge Cost-Share Programs of the NPS, BLM, and FS (see, e.g., http://www.nps.gov/ncrc/programs/ccsp/index.htm).
33.	16 U.S.C. §1245.
34.	Two connecting or side trails were designated by the Secretary of the Interior in 1990: the 18-mile Timm's Hill Trail in Wisconsin, which connects to the Ice Age National Scenic Trail; and the 186-mile Anvik Connector in Alaska, which connects to the Iditarod National Historic Trail. Another four were designated by the Secretary of the Interior in 2012, all water trails that connect to the water-based Captain John Smith National Historic Trail. For more information, see U.S. Department of the Interior, "Four Rivers in Five States to Make Up Connecting Water Trails," press release, May 16, 2012, at http://www.doi.gov/news/pressreleases/AMERICAS-GREAT-OUTDOORS-Secretary-Salazar-Designates-Captain-John-Smith-Chesapeake-National-Historic-Trail.cfm.
35.	The Federal Interagency Council on Trails is an interagency group that coordinates federal activities under the National Trails System Act. The council's FY2013 annual report is the most recent available.
36.	Federal Interagency Council on Trails, National Trails System: Annual Report for FY2013, February 2014, p. 3, at http://www.nps.gov/nts/2013%2006MOU%20RPT%207%20Version.pdf.
37.	16 U.S.C. §1246 (i).
38.	16 U.S.C. §1246 (c).
39.	16 U.S.C. §1246 (j).
40.	Ibid. However, this provision directs the Secretary to allow motorized vehicle use in certain circumstances, such as for emergencies and when necessary to give adjacent landowners reasonable access to their lands or timber rights. Additionally, specific provisions for the Continental Divide National Scenic Trail (16 U.S.C. §1244(a)(5)) allow motorized use in accordance with regulations established by the administering Secretary.
41.	16 U.S.C. §1246 (c).
42.	See, e.g., NPS, Appalachian Trail Project Office, Comprehensive Plan for the Protection, Management, Development and Use of the Appalachian National Scenic Trail, 1987, at http://www.nps.gov/appa/parkmgmt/upload/CompPlan_web.pdf.
43.	A total amount of federal appropriations for the National Trails System is not available, since many of the agencies do not separately track trail funding.
44.	Memorandum of Understanding 06-SU-11132424-196, "The National Trails System," at http://www.nps.gov/nts/memorandum2006.html.
45.	Congress has authorized recreational trail assistance in surface transportation laws; for more information, see CRS Report R42762, Surface Transportation Funding and Programs Under MAP-21: Moving Ahead for Progress in the 21st Century Act (P.L. 112-141), coordinated by [author name scrubbed].
46.	See Federal Highway Administration (FHWA), "Federal-Aid Highway Program for Pedestrian and Bicycle Facilities and Programs, FY1992 to FY2015 Obligations," at http://www.fhwa.dot.gov/environment/bicycle_pedestrian/funding/bipedfund.cfm. The agency does not break out the portion of this funding that has gone to trails within the National Trails System. For example, funding in FHWA's Recreational Trails Program (a subset of the agency's overall funding for pedestrian and bicycle transportation) is used for recreational trails both within and outside the system.
47.	Similar bills to create national discovery trails within the system were introduced in previous Congresses.
48.	H.R. 2661 would establish the American Discovery Trail, extending from Delaware to California, as the first national discovery trail. H.R. 3022 and S. 2346 in the 113th Congress would also have established this trail type and designated the American Discovery Trail.